Mr M Olatunji v Urban MBA: 2201703/2024
JUDGMENT
[1]The respondent has failed to file an ET3 in this case.[2]Having considered the ET1, Employment Judge Khan has decided that a determination of the claim can properly be made without a hearing and the judgment of the Tribunal, made under rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, is as set out below.[3]The respondent has unlawfully failed to pay wages totaling £10,084.65 gross.[4]Accordingly, the respondent is ordered to pay the claimant £10,084.65 gross (which should be paid subject to deductions for any tax and national insurance for which the respondent should account to HMRC). _____________________________ Employment Judge Khan 17 June 2024[1]The judgment made under rule 21 which was sent to the parties on 20 June 2024 is revoked. The response has been accepted.[3]A preliminary hearing will be listed on a date to be confirmed by separate notice of hearing.REASONS
(1) The tribunal made a judgment under rule 21 which was sent to the parties on 20 June 2024.(2) The respondent’s “appeal” against this judgment dated 24 June 2024 was treated as an application for reconsideration under rule 71.(3) The parties were notified of the tribunal’s provisional view to revoke the rule 21 judgment. The claimant was given an opportunity to provide written representations and the parties were given the opportunity to confirm whether they believed the application could be determined without a hearing.(4) The claimant’s representations dated 4 July 2024 have been considered.(5) Neither party provided any view on whether a hearing was necessary.(6) I was therefore satisfied that a decision could be made without a hearing.(7) None of the claimant’s submissions change the facts that: the respondent presented a response in time and there was a delay by the Case Number: 2201703/2024 tribunal in processing this response which had not become apparent when the judgment was made under rule 21.(8) In these circumstances, it is necessary in the interests of justice for the judgment to be revoked. _____________________________ Employment Judge Khan 16.07.2024 JUDGMENT SENT TO THE PARTIES ON 19 July 2024 ....................................................................................... ....................................................................................... FOR THE TRIBUNAL OFFICE Case Number: 2201703/2024 1 EMPLOYMENT TRIBUNALS Claimant: Mr M Olatunji Respondent: Urban MBA Heard at: London Central (by CVP) On: 24 - 25 January 2025 Before: Employment Judge Moyler REPRESENTATION: Claimant: In person Respondent: Kofi Oppong (Founder) JUDGMENT The judgment of the Tribunal is as follows: Wages[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages for the month of November 2023.[2]The respondent shall pay the claimant £500, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Case Number: 2201703/2024 2